Probate With a Will: What the Executor Does in California

What probate is — and what an executor is

Probate is the court-supervised process for transferring a person's property after death when they owned assets in their own name above the small-estate limits. The will says who should inherit; probate is how the court makes that transfer official, pays the debts, and protects everyone involved.

The executor is the person the will names to run that process. Being named in the will isn't enough on its own — the executor has no legal authority until the court formally appoints them and issues a document called Letters Testamentary. Those letters are what banks, title companies and buyers will ask to see before they let you touch an account or sign a sale.

The steps, in order

File a petition with the Superior Court in the county where the person lived, asking to open probate and be appointed executor.
Publish notice and notify heirs. Notice of the hearing is published in a newspaper and mailed to the heirs and beneficiaries named in the will.
Appointment and Letters. After the hearing, the court appoints the executor and issues Letters Testamentary.
Inventory and appraisal. The executor lists everything the estate owns. Real estate is valued by a court-appointed probate referee, whose appraisal becomes the official value.
Notify creditors. Known creditors get direct notice, and creditors generally have four months from the issuance of letters to file claims.
Pay valid debts — final bills, taxes, and approved creditor claims — from estate funds.
Sell or distribute assets. The house is sold or transferred according to the will and the executor's level of authority (more on that below).
Final accounting and distribution. The executor accounts to the court for every dollar, and the court signs an order distributing what remains to the heirs.

How long it takes

A typical California probate takes 9 to 18 months from the first filing to the final distribution order. Disputes between heirs, a contested will, hard-to-value assets or a backed-up court calendar can stretch it longer. The four-month creditor period sets a floor: no matter how smoothly things go, the estate generally can't close before that window ends.

Selling the house: the IAEA makes a big difference

California's Independent Administration of Estates Act (IAEA) controls how much court involvement a sale needs. With full authority, the executor can sell real estate without a court confirmation hearing. The executor sends the heirs a Notice of Proposed Action describing the sale, and the heirs have 15 days to object. If nobody objects, the sale proceeds much like a normal sale.

With limited authority — or if an heir objects to the notice — the sale must go through a court confirmation hearing, where a judge approves the price and other buyers can sometimes overbid in the courtroom. The will itself often asks the court to grant full authority, and the petition can request it too.

What it costs

California sets executor and attorney fees by statute (Probate Code sections 10800 and 10810) as a percentage of the estate's gross value:

4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9 million

"Gross value" means the value before subtracting the mortgage — the fee is calculated on what the house is worth, not on the equity. The executor and the attorney are each entitled to this fee, and the court can approve additional fees for extraordinary work. On top of that come court filing fees, the probate referee's appraisal fee, and publishing costs.

The executor's duties

The executor is a fiduciary — a person legally required to put the estate's interests first. In practice that means acting in the estate's best interest in every decision, keeping estate money in separate accounts (never mixed with personal money), keeping careful records of every dollar in and out, and never favoring yourself over the other heirs. An executor who breaches these duties can be personally liable for the damage. When a decision feels gray, ask the estate's attorney first.

If there is no will, the process is nearly identical but the court appoints an administrator instead — see probate without a will.

Frequently asked questions

How long does probate take in California?

A typical California probate runs 9 to 18 months from filing to final distribution. Disputes between heirs, a contested will, or a complicated estate can push it longer. The creditor claim period alone accounts for roughly the first four months after letters are issued.

What are Letters Testamentary?

Letters Testamentary are the court document that proves the executor has legal authority to act for the estate — to access accounts, sign listing agreements, and sell property. Banks, title companies and buyers will all ask to see them.

Can the executor sell the house without going back to court?

Often, yes. If the court granted full authority under the Independent Administration of Estates Act (IAEA), the executor can sell real estate without a confirmation hearing by sending heirs a Notice of Proposed Action and waiting 15 days for objections. With limited authority, or if an heir objects, the sale needs court confirmation.

How much does probate cost?

Executor and attorney fees are set by California statute (Probate Code sections 10800 and 10810) as a percentage of the estate's gross value: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million. Gross value means before subtracting the mortgage, so fees are based on what the house is worth, not the equity. There are also court filing and appraisal costs.

What happens if the executor makes a mistake?

The executor is a fiduciary — legally required to act in the estate's best interest, keep estate money separate, keep careful records, and never favor themselves. An executor who breaches those duties can be held personally responsible for the loss. When in doubt, ask the estate's attorney before acting.

This guide is general information, not legal or tax advice. Talk with a California probate or trust attorney and a tax professional about your situation.